| Case ID |
ffc04c2f-8d5a-43ce-a94a-6ed43b026e6b |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 835-L of 19 |
| Decision Date |
Dec 20, 1993 |
| Hearing Date |
Dec 20, 1993 |
| Decision |
The Supreme Court of Pakistan refused the leave to appeal, upholding the decision of the Punjab Service Tribunal. The Tribunal had set aside the dismissal of the respondent, Shaukat Ali Chaudhry, by the Secretary of the Excise and Taxation Department. The court found that the respondent's lien was still retained by the Education Department, making the Secretary of the Education Department the only competent authority to dismiss the respondent from service. The Tribunal's decision to set aside the dismissal was deemed correct, and the appeal by the Excise and Taxation Department was not entertained by the Supreme Court. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the issue of a civil servant's dismissal and the validity of such an action when the lien is retained by the original department. The respondent, Shaukat Ali Chaudhry, initially served as a Lecturer in the Education Department before being appointed temporarily as an Excise and Taxation Officer. Despite allegations of misconduct leading to his dismissal by the Excise and Taxation Department, the Punjab Service Tribunal set aside this decision, citing that the Education Department retained the lien. The Tribunal's ruling was based on the fact that the Secretary, Education Department, was the only authority competent to dismiss the respondent due to the retained lien. The Supreme Court upheld this decision, refusing the leave to appeal, emphasizing the importance of proper procedural authority in civil service dismissals. This case highlights key issues in civil service law, such as lien retention and departmental jurisdiction in disciplinary actions, making it a significant reference for future cases involving similar circumstances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of the Punjab,
Education Department,
Excise and Taxation Department
|
| Judges |
SAAD SAOOD JAN,
SAJJAD ALI SHAH
|
| Lawyers |
Sh. Abdul Majid, Advocate Supreme Court,
Ejaz Ahmad Khan, Advocate-on-Record
|
| Petitioners |
SECRETARY TO GOVERNMENT OF THE PUNJAB, EXCISE AND TAXATION DEPARTMENT
|
| Respondents |
SHAUKAT ALI CHAUDHRY
|
| Citations |
1995 SLD 1283,
1995 PLC 492
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3)
|